# State Personnel and Pensions (GSP)

## Title 23. Employees' and Teachers' Pension Systems

### Subtitle 3. Service Credit

#### Section 23-303

(a) In this section, "break in service" means a period of separation from employment in a fiscal year after the one in which a member first becomes employed, if during that fiscal year the member does not complete more than 350 hours of employment while a member.

(b)

  (1) This section applies to a member of the Employees' Pension System or the Teachers' Pension System who was a member of one of those State systems.

  (2) This section does not apply to:

    (i) a retiree of the Employees' Pension System or the Teachers' Pension System; or

    (ii) a member of the Employees' Pension System or Teachers' Pension System who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit.

(c) A member is entitled to the eligibility service to which the member was entitled before the separation from employment if:

  (1) the member has not incurred a break in service;

  (2) the member was entitled to a vested allowance at the time of the separation from employment; or

  (3)

    (i) the member has completed 1 year of eligibility service after a break in service; and

    (ii) the number of consecutive years in which the member incurred a break in service is less than the years of eligibility service as a member before the break in service.

(d) To determine if a member is eligible for prior eligibility service under subsection (c)(3)(ii) of this section, the Board of Trustees shall determine the number of years of prior eligibility service:

  (1) as of the day the member separated from employment; but

  (2) excluding any eligibility service lost because of a prior break in service.

(e) When a member receives credit for eligibility service under subsection (c) of this section from the other system, the member has no further rights in the other system.

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Md. Code Ann., State Pers. & Pens. (as displayed at mgaleg.maryland.gov, October 16, 2026)